losing sleep over my mistakes

[Flamingo]

I don't get it.

PA doesn't allow wage garnishment to satisfy a judgment...

What info are we missing here?

Good luck to us all.

It is the same way in NC...my friend's stepson had a judgment entered against him for unpaid car repairs. His wages could not be garnished for that (could be for child support awards, taxes, student loans) - however, the state could go after state tax refunds and they promptly took his.

[allalone22]

I don't get it.

PA doesn't allow wage garnishment to satisfy a judgment...

What info are we missing here?

Good luck to us all.

shark, as I stated before. the judgement came from when I lived in Ohio. I have lived in PA for only 1.5 years and my company HQ is still in ohio. (not sure if it would stop cause i moved).

also, not if anyone is sure, but i am being charged 22% per annum, from what i read they can only charge me 12% (i havent been able to find any case law)

[shark66]

shark, as I stated before. the judgement came from when I lived in Ohio. I have lived in PA for only 1.5 years and my company HQ is still in ohio. (not sure if it would stop cause i moved).

That would be my very first question to any attorney I'd choose to visit...what can be done to stop the garnishment, yesterday. I don't have an answer for you but suspect that there should be a way around this...

Good luck to us all.

[keepsmiling]

That would be my very first question to any attorney I'd choose to visit...what can be done to stop the garnishment, yesterday. I don't have an answer for you but suspect that there should be a way around this...

Good luck to us all.

Yep. Call FIRST THING TOMORROW.

[keepsmiling]

I wonder... if they have garnished you illegailly.... can you get the money back? and better yet get punitive damages for violations??? One can hope!!!
Q's to ask on that phone call/email.

[allalone22]

good news and bad news. I spoke with a few attys this morning. I schedule a consultation to see my options, but off the top of her head, she thinks because I was an ohio resident when my judgement was issued and because my company is based out of Ohio, the judgement will stand.

also, she knows that the interest on a judgement can be 28% in PA, so she said 22% doesn't seem out of line. (except to me who thinks that paying 13k for a 3900 debt) is robbery

[SMinGA2]

My thoughts: if OH garnishment rules govern your situation, why would the creditor get to use PA judgment rules? Doesn't seem right. If I were in your shoes I would probably:

1st file Ch. 7 asap
2nd once that was all said & done, find an attorney willing to fight for me on a contingency basis to get back the $ wrongfully garnished, if it indeed is determined that PA does not allow garnishment. Then again, if that money is owed back to you it might be an asset that you'd lose in the bankruptcy anyhow.

Of course I am not in your shoes - so ultimately you have to decide how you wish to proceed.

[Freddy03]

My thoughts: if OH garnishment rules govern your situation, why would the creditor get to use PA judgment rules? Doesn't seem right. If I were in your shoes I would probably:

1st file Ch. 7 asap
2nd once that was all said & done, find an attorney willing to fight for me on a contingency basis to get back the $ wrongfully garnished, if it indeed is determined that PA does not allow garnishment. Then again, if that money is owed back to you it might be an asset that you'd lose in the bankruptcy anyhow.

Of course I am not in your shoes - so ultimately you have to decide how you wish to proceed.

Is this the "old" SMinGA who use to post prior to the board update???

[SMinGA2]

Yes, I never could get SMinGA back. Tried password resets and such but they went off into cyberspace's great beyond.

[allalone22]

I think the issue is they would want to continue using OH rules to govern my judgement. Since I lived in OHIO at the time of garnishment/judgement and they allow it, I don't think they'd want to come to PA rules where it doesn't allow it.

I am filing for chap 7, but due to the advice of every atty i spoke briefly with, they advised me they wouldnt file until next year due to the fact I had an abundance of money early last year and it would look bad on me to file

[allalone22]

just wanted to give everyone an update so far.
i've been attending classes 2x a week for the past 3.5 weeks. It makes it easier when you have support.
I have not spent 1 dime on any type of activity that would be close to gambling (lotto, casino, online)

I have spoken with a few bk attorneys and they're very worried about the recent amount of money i had so they said they wouldn't even file bk until january or february of next year (this sucks and seems crazy)

I have went from 3 credit cards that were in good standing down to 2. It was high interest and serves me better gone.
My first time in as long as I can count, my income vs money spent (been using a budgeting website) was in the positive. It was only ~45 dollars, but its better than the red it used to be.

Still trying to research my chances on filing for bk, cause it would free up an extra few hundred a month, but may just try to pay if I have to wait until january

what do you guys think?

[keepsmiling]

Good for you!
Keep it up. One day at a time.

[allalone22]

just wanted to give you guys an update. I had another successful month. I had been attending classes 2x a week, but was told that I could move down to 1x a week.
I haven't bet or gambled since I started. March was a positive month. I paid all my bills on time, didn't have to borrow money, and actually put a few dollars into savings. As of now, I am on pace to save my first triple digit amount in April.
I have noticed that since I have stopped gambling, I am going out less (restaurants, bars, etc) and cooking more at home which has helped save money.

I have reduced my credit card debt down to a total of 760 bucks(from 1060) between 2 cards. I am planning on paying these off and going to a cash system. One of the cards is a secured card for 500 , so I will get that back when I pay it off and cancel. (and my credit score has risen from 540 - 593.. wooohoo) . The feeling of actually being on track is way better than the feeling I got before, so this is great motivation for me

I have been holding off filing for bankruptcy, but have consulted with a few attorneys who stated that I will need them to file for BK and I need to gather 1500 bucks to do so. Obviously, I don't have the money right now for that, so I am still trying to hold off. The one thing that is getting me is this constant wage garnishment that is taking out 30-45 dollars a week out of my paycheck. I have paid 5500 on a 3700 judgment so far and they want 4500 dollars more to settle the case since I have around 7500 left. This is bringing my take home pay at 280 after taxes and garnishment (hard to live on)

It has been 9 months since I won my jackpot and approx 3 months since I have spent my last dollar of it. I am pretty sure I can keep my car since I have basically no assets to my name. I am thinking I still need to wait until January to give it a 1 year mark since I last had jackpot money and 1.5 years since I hit the jackpot, but the garnishment is killing me (I could put that extra 30-45 dollars to better use), so I was thinking of filing on my own.

Any advice?

[JessMN]

no advice, just kudos on another successful month!

[keepsmiling]

Great! Keep it up!!
Not sure why you have to pay MORE than the judgment? maybe I missed something....
Do you have receipts to show how you spent all the money you won? If you go it alone, you may need some kind of proof so they don't think you are hiding your winnings.